Schedule

Domestic homicide and suicide reviews: public appointments
(introduced by section 16)

Offices to which this schedule applies
1
In this schedule, “relevant office” means—
a
the chair of the review oversight committee appointed by virtue of section 14(2)(a),
b
the deputy chair of the committee appointed by virtue of section 14(2)(b),
c
a case review panel chair appointed under section 15(2),
and “relevant office-holder” is to be construed accordingly.

Status
2
A relevant office-holder—
a
is not a servant or agent of the Crown, and
b
does not enjoy any status, immunity or privilege of the Crown.

Criteria for appointment
3
1
An individual may not be appointed to hold a relevant office if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—
a
a member of the Scottish Parliament,
b
a member of the House of Commons,
c
a member of the House of Lords,
d
a councillor, employee or appointee of a local authority,
e
a civil servant,
f
a person who is, or who is a member, employee or appointee of—
i
the Lord Advocate,
ii
the chief constable of the Police Service of Scotland,
iii
the Police Investigations and Review Commissioner,
iv
the Scottish Courts and Tribunals Service,
v
the Parole Board for Scotland,
vi
the Risk Management Authority,
vii
the Scottish Social Services Council,
viii
a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,
ix
a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978,
g
a person who is a director, employee or appointee of Social Work Scotland Ltd. (company number SC317274).
2
In making an appointment under section 14(2) or 15(2), the Scottish Ministers must have regard to the desirability of a relevant office-holder not being and, within the year preceding the date on which the appointment is to take effect, not having been a member, employee or appointee of an organisation which Ministers consider—
a
has as its aim, or as one of its primary aims, the provision of support to victims of crime, or
b
is involved in overseeing the provision of services to victims of abusive domestic behaviour.
3
The Scottish Ministers may by regulations modify sub-paragraph (1) or (2) so as to add a person, vary the description of a person, or remove a person.
4
Before making regulations under sub-paragraph (3), the Scottish Ministers must consult such persons (if any) as they consider appropriate.
5
In this paragraph, “abusive domestic behaviour” means abusive behaviour by person A towards person B, within the meaning of section 12(2).

Tenure
4
Subject to paragraph 5—
a
an individual appointed to a relevant office holds office for a period of 5 years,
b
an individual’s period of appointment may be extended by the Scottish Ministers (on one or more occasions), provided that the total period by which the appointment is extended does not exceed 1 year,
c
an individual may be reappointed to a relevant office, provided that the individual’s total period of appointment to the office (including any extension under paragraph (b)) does not exceed 8 years.

Early termination
5
The appointment of an individual to a relevant office ends—
a
in accordance with any written notice of resignation given by the individual to the Scottish Ministers in respect of the office,
b
if the individual becomes disqualified from being appointed to the office under paragraph 3(1),
c
if the individual is removed from office by the Scottish Ministers giving notice in writing to the individual on the grounds that the Scottish Ministers consider that the individual is—
i
unable to perform the functions of the office,
ii
unsuitable to continue to hold the office.

Remuneration and allowances
6
1
The Scottish Ministers may pay a relevant office-holder such remuneration and allowances (including expenses) as the Scottish Ministers determine.
2
The Scottish Ministers must indemnify relevant office-holders in respect of any liabilities incurred by them in the exercise of their functions.

Other terms and conditions
7
The Scottish Ministers may, subject to any provision made by this Act, determine the terms and conditions on which a relevant office-holder is appointed.

Validity of things done
8
The validity of anything done by a relevant office-holder is not affected by—
a
a defect in the individual’s appointment,
b
the disqualification of an individual after appointment.

Review oversight committee: appointment of temporary chair
9
1
The Scottish Ministers may appoint an individual (who may be a member of the review oversight committee) to carry out the functions of the chair of the committee during any period when both—
a
there is no chair, or the chair is unable to act, and
b
there is no deputy chair, or the deputy chair is unable to act.
2
In relation to the making of an appointment under sub-paragraph (1)—
a
an individual who is disqualified for appointment as the chair of the committee is also disqualified for appointment under sub-paragraph (1),
b
paragraph 3(2) applies to an appointment under sub-paragraph (1) as it applies to the appointment of a relevant office-holder.
3
An individual appointed under sub-paragraph (1)—
a
may be dismissed by the Scottish Ministers at any time,
b
may resign at any time by giving written notice to the Scottish Ministers to that effect,
c
is appointed on such terms and conditions (including as to remuneration) as the Scottish Ministers determine.
Sch. para. 1 not in force at Royal Assent, see s. 34(4)
Sch. para. 2 not in force at Royal Assent, see s. 34(4)
Sch. para. 3 not in force at Royal Assent, see s. 34(4)
Sch. para. 4 not in force at Royal Assent, see s. 34(4)
Sch. para. 5 not in force at Royal Assent, see s. 34(4)
Sch. para. 6 not in force at Royal Assent, see s. 34(4)
Sch. para. 7 not in force at Royal Assent, see s. 34(4)
Sch. para. 8 not in force at Royal Assent, see s. 34(4)
Sch. para. 9 not in force at Royal Assent, see s. 34(4)